The Supreme Court has dismissed an application by the Speaker of Parliament to have Justice Gaewu recuse himself from the panel to hear the case on whether or not the apex court could set aside his declaration of four seats vacant.
The Speaker, through his lawyers, applied to the court to quash an earlier verdict it gave on the matter asking him to stay his October 17 ruling which declared some four seats in the House vacant.
The hearing on the Speaker’s application, which was being done today, Wednesday, October 30, involved a judge whom the Speaker says is a member of the governing NPP.
According to him, Justice Ernest Gaewu once contested as parliamentary candidate on the ticket of the governing New Patriotic Party (NPP) in the Volta region.
Counsel for the Speaker, Thaddeus Sory, during proceedings in court Wednesday, October 30, 2024, said Justice Gaewu’s membership of the NPP and sitting as a judge on a matter whose outcome may affect the interest of the party may compromise his judgement.
“He was known to be associated with New Patriotic Party (NPP) and in fact he was a parliamentary candidate in one of their constituencies in the Volta Region,” Thaddeus Sory argued.
Watch: Vacant seats saga: Supreme Court dismisses Speaker’s application for Justice Gaewu to recuse himself
But the apex court says the law does not bar one from serving as a judge of the Supreme Court because they belonged to a particular political party.
In the Chief Justice’s ruling, she says once the person is vetted and approved by Parliament, it means he’s competent to hear such cases. She said the court currently has in its ranks, a former General Secretary of the People’s National Convention (PNC) and a former NDC parliamentary candidate.
The matter in question involves the declaration of some seats vacant in Parliament following the switching of allegiance by the MPs in the subsequent Parliament.
Article 97(g)(h) debars persons seeking to contest on the ticket of a different political party or switches allegiance to continue doing business with that caucus, thereby rendering their seats vacant.
After a ruling by the Speaker on the matter Thursday, October 17, 2024, the then Majority caucus had a reduction in its numbers and has therefore become a Minority whilst the Minority caucus has become the Majority.
However, Leader of the NPP caucus who prior to the ruling was the Majority, Alexander Kwamena Afenyo-Markin, sent the matter to the Supreme Court for an interpretation of the Article 97.
The court has ruled for a stay of the Speaker’s ruling until the substantive matter is determined, after Afenyo-Markin had filed for an ex parte motion on the declaration of the seats vacant.
Sitting was boycotted by the NPP caucus in the House’s subsequent sitting on Tuesday, October 22, 2024, where the Speaker, for lack of quorum adjourned Parliament indefinitely.
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